Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.
Have missed some rent - Where do we stand?!(40 Posts)
Hi Mums netters
I hope someone can give me some advice
Myself, my partner (who is currently the main bread winner( and my 16 month old moved into our new rented house at the start of May. All standing orders were set up for the first of each month and we have a separate account for all bills and rent, my partner basically pays most of his salary into this account every month to cover everything.
Anyway we rarely check this account and just leave it ticking over, having always done this previously it seems to of worked.
We get a call last week from our agency to tell us that last months rent bounced but this month has been paid and so we are now £950 in arrears with our rent. At first we thought this couldn't be true having not been notified by our bank that a payment had bounced and knowing we had set up all the standing order especially as it had been successfully paid for this month.
Looking at the account we found out that our old agency had taken rent from us when they shouldn't of meaning the payment to our new agency had bounced (there was not enough money to cover both payments in the account)
We called our old agency who apologised and said it was a mistake and that they would transfer the money directly back. Which they did. We told our current agency what had happened and they were quite understanding but just said obviously we would need to pay the rent outstanding a asap. Now when our old agency paid back the rent they had wrongly taken, other bills came out of the account leaving us with only £500 left. Our rent is £950.
My partner went in and spoke to our current agency and said he would pay as much as he could, this was last Thursday and he paid the £500. Obviously now they want the rest of it which is £450. They have called just now and left me a msg saying they need to know when we will be paying.
Me and my partner live on barely any thing as it is, he does not have a job which can support us really and we do get tax credits but it's really not much and we struggle each month, which I know most people do. However we always pay our rent, council tax and bills and just live on nothing but now we are needing to find £450 from thin air basically. We don't have anyone who can help us financially and we don't have overdrafts or credit cards, neither of us have great credit.
I'm really worried. I know we are now in breach of our contract which I have no experience or what that means. I feel sick everyday because I know we can't find the money but obviously our landlord will want his money and we have signed a contract and therefore tough sh** basically we will have to find it.
But honestly there is no way we can get hat kind of money together. I have a job I work on Wednesdays and Saturdays and get about £400 a month for but I won't get the money until the 25th. If I give them all the wages I have we will just have zero to live on and any bills due out around that time won't be paid. We are just in a shit situation basically.
I just wanted some advice basically. It's such a shame because we really wanted to stay in this house long term but doubtful the landlord will be keen now.
Can he chuck us out? Or serve us a notice?
What can I do?
I'm at my wits end
Any help would be appreciated
If you can't pay your rent then this property is too expensive for you
You've got all the money back taken in error so it seems that really you can't afford it.
Have you tried applying for housing benefit?
You had £450-worth of 'bills' suddenly come out of your account that you weren't expecting? On the day the money was returned to you before you had a chance to transfer the money to your landlord for the overdue rent?
Yea maybe... But we had worked it out previous to moving in and although we wouldn't have a lot to play with we worked out we could cover everything and passed all checks by he landlord regarding salaries etc...
Maybe we can't...
Yea we aren't entitled.
I guess I'm hoping for a quick solution but I don't think that's possible at the moment.
I'm trying to avoid the obvious pay day loans etc as that will get us in more trouble long term. My partner has ok credit so I think he may be able to get one if we really can't make the payment another way...
Where's the £450 gone?
Where would the £450 for those bills have usually come from then?
Flowery - yes
The returned payment from our old agency was £750 as that was what we paid in rent in our old place
Can you recall the £450 that went on bills? If you weren't expecting it; that should be possible.
But the fact that the money got paid back SHOULD mean that you had enough to cover things and get stuff right again?
Where did that 450 go?
No...I mean, you're short of 450. The bills all come out of that account...why isn't it all balanced when you got the 450 back?
if you are worrying about instant eviction, don't - the landlord cannot start any proceedings until you are two months in arrears, which you aren't.
do you have a fixed term tenancy? If not, the landlord can issue a section 21 (no fault eviction) at any time giving you two months notice.
if you want to stay in this place, you need to come up with a plan for affording it, and as a matter of URGENCY you need to TALK (not text, not email, TALK) to the landlord to explain what is going on and what the plan is. If you can't afford the rent, you'll have to move.
but get communicating. Tenants that stop paying and go silent will trigger the obvious course of action. Apart from not wanting that to happen, you'll get the legal bills too. The court fee for raising eviction proceedings is £355 WITHOUT any solicitor involvement.
But you would have had to pay the rent and bills anyway. The money going out then coming back in is irrelevant really, it's just put you back to what you would have been. So why haven't you left enough money to pay everything if you worked it out beforehand?
but...evicting tenants costs money as I mention. So the landlord will want to keep you if you can afford the place, and you want to stay if you can afford the place.
you both want the same thing - so as I said, get talking. Good luck.
Speak to your new agency and explain that the shortfall can't be paid in a lump sum and can you make a commitment to pay a certain amount extra each week until the shortfall is cleared?
Is the shortfall due to charges for the returned rent etc?
If there's charges and it's the other agents fault you can ask them for the charges. But that wouldn't come to anywhere near £450. Basically you just don't have enough money to live there. You should also have checked your account and know what's due in/out. I'm at unexpected bills that go out by direct debit.
Don't some banks charge an x amount of money per number of business days that you are overdrawn? This could really add up from May.
Still wouldn't add up to anywhere near that, and they'd had money going in and out.
Why are you £450 short? You mention other bills going out but you should have allowed for them in your calculation anyway or are they ones that you forgot about? If you have forgotten about them then you need to relook at your figures to see if you really can afford the rent. If you had allowed for them then you need to examine that account carefully and account for all money going in or out and find out where the discrepancy is. If you can sort all that out it will give you a better chance of getting straight and being able to repay the money owed.
As someone else has said they can't apply for eviction until you are 2 months late with rent.
I'm also struggling to understand where that £450 has gone.
I'd have a chat with your DH today about a) making sure that there hasn't been some other error with someone taking money from you they shouldn't have and b) making a plan to raise this £400 ASAP. In your circumstances I would not consider payday loans/Wonga etc - you'll likely dig yourself into a hole - but would think about asking for a salary advance, asking for work overtime, taking a short term second role for the next week or two if your circumstances allow, borrowing from family if you can, selling things you don't need if you can.
Then get in touch with the landlord, explain the situation and give them a realistic idea of when/how you'll pay the amount owed. I'd personally (as a LL of one property) prefer a tenant to make small regular payments of the amounts owed - say, £20 p/w) rather than "I'll pay it all back in two months".
You have somehow overspent the missing rent money. Where has it gone and is it a situation that is likely to reoccur, as if so, you will face further struggles and you will be unlikely to be able to make rent on an ongoing basis?
I'd sort out where the missing money has gone as a priority. If you kept to your budget as you thought you had you wouldn't have had any problems. The rent might have been delayed but once the money was returned, you could have paid it off in full at that stage. Something has happened to that money OP!
Message withdrawn at poster's request.
Join the discussion
Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.Register now
Already registered with Mumsnet? Log in to leave your comment or alternatively, sign in with Facebook or Google.
Please login first.